75A - PH - AMEND DEV AGMT 1901 E FIRST ST

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2.2 "Applicable Rules" means all rules, regulations, ordinances and official plans and policies of the City in force as of the Effective Date as included within the Santa Ana Municipal Code ("SAMC"), the Metro East Mixed- Use Overlay Zone, this First Amended and Restated Development Agreement and the Entitlements, as defined below. 2.3 "Effective Date" means May 2, 2007, the date upon which the ordinance approving the Original Agreement became effective. 2.4 "Entitlements" means this First Amended and Restated Development Agreement modifying Development Agreement No. 2007-01, Environmental Review No. 2006-01, the Addendum, General Plan Amendment No. 2007-01, Vesting Tentative Tract Map No. 2013-4, Zoning Ordinance Amendment No. 2007-01, the Metro East Overlay Zone Public Realm Improvement Plan, Site Plan Review Approval No. 2013-3, and any changes to these to which Owner has consented in writing. 2.5 "In Lieu Park Development Fee" means the fee to be paid by Owner to fully satisfy all park-related obligations of the Project as provided in Section 5.10 below. 2.6 "Owner" means Lyon Housing (First Street) XLVIII, LLC, a Delaware limited liability company. 2.7 "Original Agreement" means the Development Agreement between the City and 1901 E. 1 st Street Partners, LLC approved by the City Council on April 2, 2007, by Ordinance No. NS-2741. 2.8 "Original Hearing Date" means the date on which the City Council conducted the first reading of Ordinance No. NS-2741 approving the Original Agreement. 2.9 "Project" is the development on the Property of a 264-unit multiple family residential development and approximately 2,424 square feet of retail space as generally set forth in the Entitlements. 2.10 "Property" means the real property described in Exhibit A and referred to in Exhibit B. 2.11 "Public Art" is defined in Section 5.1.7. 2.12 "Public Art Fee" is defined in Section 5.1.7 2.13 "Public Art Plan" is set forth in Exhibit C to this First Amended and Restated Development Agreement. 067619\5448832v5 5 75A-236